3
measures may continue, without involving any risk to the beneficiaries. The
State mentioned that it was open and willing to discuss the criteria for
performing a risk assessment;
b) regarding the investigation of threats and telephone tapping in relation to
María Nodelia Parra, the State reminded that the investigation of the alleged
threats began in October 1995. It reported that the preliminary investigation
stage is in progress since the individuals who committed the acts could not be
identified and that to commence criminal pre-trial proceedings the law requires
that the accused be identified; that did not happen in this case. Despite the
proceedings carried out, it was not possible to establish actual occurrence of the
alleged threats and, therefore, identify the corresponding individuals. In order
to perform all possible proceedings, the prosecutor who had previously taken
part in the case ordered special measures such as gathering periodic
information from the telephone company regarding the beneficiary and periodic
interviews to María Nodelia Parra to establish the occurrence of new threats or
telephone tapping. For many years now, the Technical Investigative Corps
examined the telephone lines and reported no news on the matter; and during
the interviews performed, Nodelia Parra indicated that she did not suffer new
threats; and
a) regarding the implementation of the provisional measures, the State
indicated that the safety protection scheme for María Nodelia Parra consists in a
van and two escorts with registered guns, in addition to the protection provided
by the Protection Office of the Ministry of Interior and Justice.
9.
The comments of the representatives to the report of the State made at the
public hearing, whereby they represented, among other things:
a) regarding the validity of the measures, the reasons why the Court decided to
maintain the measures on July 4, 2006, have not changed to date. The
representatives reminded that in 1997, the State requested to analyze the
lifting of the provisional measures, based on the representatives�� request, and
to maintain those measures while “the risk circumstances continue, taking into
account that domestic proceedings have already been initiated”. The
representatives claimed that the State has large expectations regarding the
efforts made to progress on criminal investigations regarding the forced
disappearance of the victims of the instant case and that the source of the risk
for the beneficiaries is associated with such criminal investigation. They stated
that it would be illogical to lift the measures adopted in the instant case since
that would result in discouraging any furthering of investigations. As to the
situation of Arias-Alturo, the representatives stated that the danger is that he
might not contribute to the investigation since he claimed to fear for his safety
and is willing to offer information he did not provide before due to that fear. The
representatives stated that whenever their reliability is at stake, protection
should be maintained. In the case of María Nodelia Parra, it was indicated that
this person has never ceased in its efforts to promote the investigation of the
forced disappearance of Isidro Caballero-Delgado; therefore, its claim before
the courts must lead to a risk assessment that covers more than a direct threat.
Even if the beneficiary stated that she received no direct threat, furthering the
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